Utah Code 54-21-204. Wireless provider right of access
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(1) Subject to the provisions of this part, along, across, upon, or under a right-of-way, a wireless provider may, as a permitted use under the authority‘s zoning regulation and subject only to administrative review:
Terms Used In Utah Code 54-21-204
- Authority: means :(6)(a)(i) the state;(6)(a)(ii) a state agency;(6)(a)(iii) a county;(6)(a)(iv) a municipality;(6)(a)(v) a town;(6)(a)(vi) a metrotownship;(6)(a)(vii) a subdivision of an entity described in Subsections (6)(a)(i) through (vi); or(6)(a)(viii) a special district or entity established to provide a single public service within a specific geographic area, including:(6)(a)(viii)(A) a public utility district; or(6)(a)(viii)(B) an irrigation district. See Utah Code 54-21-101
- Collocate: means to install, mount, maintain, modify, operate, or replace a small wireless facility:
(11)(a) on a wireless support structure or utility pole; or(11)(b) for ground-mounted equipment, adjacent to a wireless support structure or utility pole. See Utah Code 54-21-101- Right-of-way: means the area on, below, or above a public:
(24)(a)(i) roadway;(24)(a)(ii) highway;(24)(a)(iii) street;(24)(a)(iv) sidewalk;(24)(a)(v) alley; or(24)(a)(vi) property similar to property listed in Subsections (24)(a)(i) through (v). See Utah Code 54-21-101- Small wireless facility: means a type of wireless facility:
(25)(a) on which each wireless provider's antenna could fit within an enclosure of no more than six cubic feet in volume; and(25)(b) for which all wireless equipment associated with the wireless facility, whether ground-mounted or pole-mounted, is cumulatively no more than 28 cubic feet in volume, not including any:(25)(b)(i) electric meter;(25)(b)(ii) concealment element;(25)(b)(iii) telecommunications demarcation box;(25)(b)(iv) grounding equipment;(25)(b)(v) power transfer switch;(25)(b)(vi) cut-off switch;(25)(b)(vii) vertical cable run for the connection of power or other service;(25)(b)(viii) wireless provider antenna; or(25)(b)(ix) coaxial or fiber-optic cable that is immediately adjacent to or directly associated with a particular collocation, unless the cable is a wireline backhaul facility. See Utah Code 54-21-101- Utility pole: means a pole or similar structure that:
(28)(a)(i) is in a right-of-way; and(28)(a)(ii) is or may be used, in whole or in part, for:(28)(a)(ii)(A) wireline communications;(28)(a)(ii)(B) electric distribution;(28)(a)(ii)(C) lighting;(28)(a)(ii)(D) traffic control;(28)(a)(ii)(E) signage;(28)(a)(ii)(F) a similar function to a function described in Subsections (28)(a)(ii)(A) through (E); or(28)(a)(ii)(G) the collocation of a small wireless facility. See Utah Code 54-21-101- Wireless facility: means equipment at a fixed location that enables wireless communication between user equipment and a communications network, including:
(29)(a)(i) equipment associated with wireless communications; and(29)(a)(ii) regardless of the technological configuration, a radio transceiver, an antenna, a coaxial or fiber-optic cable, a regular or backup power supply, or comparable equipment. See Utah Code 54-21-101- Wireless provider: means a wireless infrastructure provider or a wireless service provider. See Utah Code 54-21-101
(1)(a) collocate a small wireless facility; or(1)(b) install, operate, modify, maintain, or replace:(1)(b)(i) a utility pole associated with the wireless provider’s collocation of a small wireless facility; or(1)(b)(ii) equipment described in Subsections 54-21-101(25)(b)(i) through (ix) required for a wireless provider’s collocation of a small wireless facility.(2) A small wireless facility or utility pole under Subsection (1) may not:(2)(a) obstruct or hinder the usual travel or public safety on a right-of-way; or(2)(b) obstruct, damage, or interfere with:(2)(b)(i) another utility facility in a right-of-way; or(2)(b)(ii) a utility’s use of the utility’s facility in a right-of-way.(3) Construction and maintenance by the wireless provider shall comply with all applicable legal obligations for the protection of underground and overhead utility facilities. - Collocate: means to install, mount, maintain, modify, operate, or replace a small wireless facility: